Contra Costa County Municipal Code Ch. 88-3 Wind Energy Conversion Systems

This chapter shall be known and may be cited as the wind energy conversion system (or WECS) ordinance of Contra Costa County.

(Ord. 85-39 § 4).

This chapter is adopted pursuant to the planning and zoning law to promote the effective and efficient use of wind energy conversion systems (WECS), regulate the placement of, and promote safeguards for, WECS so that the public health, safety, and welfare of the citizens of Contra Costa County will be insured.

(Ord. 85-39 § 4).

For purposes of this chapter, the following words and phrases have the following meanings:

(a) "Commercial WECS" means a WECS constructed for the purpose of generating electricity for sale to a public or private utility or to an offsite consumer.

(b) "Exterior project boundary" means all property lines that define the boundaries of a parcel upon which at least one commercial WECS is constructed. If a commercial WECS project involves two or more contiguous parcels, then "exterior project boundary" means the property lines that define the outside edge of the entire conglomeration of parcels.

(c) "Machine height" means the vertical distance measured from grade at the base of a WECS to the highest vertical extension of the WECS, including the uppermost extension of any blades. The below-grade portion of the foundation is excluded when measuring machine height.

(d) "Residential WECS" means a WECS that is used only as an accessory to an allowable residential or agricultural use and has a rated capacity of not more than fifty kilowatts.

(e) "Tower height" means the vertical distance measured from grade at the base of a WECS to the top of the fixed portion of the WECS, excluding the wind turbine. The below-grade portion of the foundation is excluded when measuring tower height.

(f) "Wind energy conversion system" and "WECS" mean a machine, such as a wind turbine or windmill, that converts kinetic energy in wind into a usable form of mechanical or electrical energy. "WECS" includes all parts of the conversion system and the tower upon which the system is installed, but does not include power transmission equipment.

(Ord. No. 2011-04, § II, 4-5-11; Ord. 85-39 § 4, prior code §82-4.281).

Article 88-3.4. Permits

A person may not establish, maintain, or expand a commercial WECS without first obtaining a land use permit as specified in this chapter, Title 8, and Chapter 26-2.

(Ord. No. 2011-04, § III, 4-5-11; Ord. 85-39 § 4).

(a) A land use permit is not required to establish, maintain, or expand a residential WECS.

(b) A person may not establish, maintain, or expand a residential WECS without first obtaining a building permit as specified in Title 7.

(c) A residential WECS must comply with all rotor safety, tower access, electromagnetic interference, noise, and color standards specified in this chapter, and must comply with the additional residential WECS standards specified in section 88-3.622.

(Ord. No. 2011-04, § IV, 4-5-11; Ord. 85-39 § 4).

An application may be submitted and a land use permit may be granted for the establishment, maintenance, or expansion of a WECS only in agricultural land use districts established by Division 84 (A- ).

(Ord. 85-39 § 4).

(a) Any person desiring to obtain issuance of a permit required by this chapter shall file a written application with the community development department, which shall administer this chapter.

(b) The owner of a business, the general partner of a partnership, or the president and secretary of a corporation applying for such a permit and all owners of the land upon which the WECS is or will be located shall sign and verify the application.

(Ord. 85-39 § 4).

The application shall comply with the provisions of Article 26-2.20 and Chapter 82-6.

(Ord. 85-39 § 4).

The application shall be accompanied by the following:

(a) A site plan including the following in- formation:

(1) Existing topography, trees, and drainage channels,

(2) Direction of prevailing winds across the project site,

(3) Location, height, and dimensions of all existing and proposed structures and fencing,

(4) Location and height above ground of all proposed WECS and aboveground utility lines,

(5) Location, grades, and dimensions of all temporary and permanent on-site roads,

(6) Preliminary grading for all roadways, structures, WECS sites, and other site work,

(7) Distance to all residences, public and private airports and airstrips, schools and any other uses, as determined by the community development director within one mile of all exterior project boundaries;

(b) A scale profile drawing of the subject site and proposed WECS as seen from the nearest public road and the nearest scenic route;

(c) A projection of the annual production (kwh) of the total WECS project at full buildout;

(d) A regrading and revegetation program for temporary roadways no longer needed after project construction:

(e) A preliminary erosion, drainage, and sediment collection and control plan;

(f) A reclamation plan consistent with Article 88-3.8;

(g) The proposed construction access route from the nearest highway;

(h) A statement by a professional engineer registered in California certifying that the rotor and overspeed controls have been designed and fabricated for the proposed use in accordance with good engineering practice.

(Ord. 85-39 § 4).

(a) In granting any permit required by this chapter, the zoning administrator shall condition the permit on the permittee making a cash deposit of three thousand dollars. Said deposit shall be used in the investigation and evaluation of any apparently valid complaint of excess noise or a permit violation.

(b) Upon such use of the deposit, the permittee shall restore the balance of the deposit to three thousand dollars.

(c) In the course of reviewing the permit on the fifth anniversary of its issuance, as provided by Section 88-3.420, the zoning administrator may delete this condition and refund the deposit, without interest, to the permittee or its successor in interest, if, in the zoning administrator's discretion, the record warrants such action.

(d) If the zoning administrator refunds said deposit, permittee shall promptly reimburse the county for any cost subsequently incurred by it for any investigation or evaluation of similar complaints.

(Ord. 85-39 § 4).

(a) Where a WECS can be reached only by a county maintained road, in granting a permit required by this chapter the zoning administrator may condition the permit upon the furnishing of a cash deposit to cover the estimated cost of repair of roadway damage resulting from work performed pursuant to the permit.

(b) The director of public works shall determine the amount of the deposit, based on such estimated cost.

(c) The director of public works shall compare pre- and post-work inspections of road conditions and shall determine the needed repairs. The permittee shall be responsible for all costs incurred by the county in performing such repairs.

(d) Upon determination of the actual repair cost, including engineering costs, the county shall refund to the permittee any unused portion of the deposit, or the permittee shall pay the difference between the actual cost and its deposit, as the case may be.

(Ord. 85-39 § 4).

The zoning administrator, or the division of the planning agency hearing the matter on appeal, shall find the following before granting the permit:

(a) Findings required by Section 26-2.2008 of this code;

(b) That the WECS use will not adversely affect the orderly conduct of existing or planned land uses in the vicinity;

(c) That the reclamation plan and associated guarantees and performance security are sufficient to enable the WECS and subject property to meet the intent and purpose of this chapter and be utilized for the intended long-term use shown in the applicable general plan.

(Ord. 85-39 § 4).

(a) On or before the fifth anniversary of the issuance of the permit, or earlier if the permit so provides, the zoning administrator may review the operation of the WECS.

(b) The purpose of the review shall be to inquire into the permittee's good faith compliance with the terms and conditions of the permit and the provisions of this chapter, and for any other purpose which may be specified in the permit.

(c) Prior to each such review, the community development department shall file a report with the zoning administrator regarding the operation of the WECS since the last review and any other matters which the department wishes to bring to the zoning administrator's attention.

(Ord. 85-39 § 4).

A permit may be revoked or modified by the zoning administrator pursuant to the provisions of Article 26-2.20.

(Ord. 85-39 § 4).

Article 88-3.6. Standards

(a) Except as provided in subsection (b) of this section, a commercial WECS must be set back from each line of the exterior project boundary, and from each public right-of-way, a distance equivalent to three times the machine height or five hundred feet, whichever is greater.

(b) A proposed commercial WECS that does not meet the minimum setback requirements of subsection (a) may be approved only if the following findings are made in addition to the findings required under section 88-3.418:

(1) The proposed commercial WECS will not pose a significant danger to adjacent land uses due to toppling or blade-throw.

(2) The proposed commercial WECS will not pose a significant danger to a public or private right-of-way due to toppling or blade-throw.

(3) A reduced setback is necessary in order to avoid or reduce the severity of an environmental impact or to significantly increase the ability to utilize the kinetic energy of the wind resource.

(c) Notwithstanding the provisions of subsections (a) and (b), a commercial WECS must be set back at least one thousand feet from all existing legal offsite residences and from all general plan-designated residential areas.

(Ord. No. 2011-04, § V, 4-5-11; Ord. 85-39 § 4).

Towers must either (a) Have tower-climbing apparatus located no closer than twelve feet from the ground;

(b) Have a locked anti-climb device installed on the tower;

(c) Be completely enclosed by a locked, protective fence at least six feet high; or

(d) Have a tower-access limitation program approved by the zoning administrator.

(Ord. 85-39 § 4).

Each WECS must be equipped with both manual and automatic controls to limit the rotational speed of the blade within the design limits of the rotor.

(Ord. 85-39 § 4).

The WECS shall be designed, installed and operated so that no disrupting electromagnetic interference is caused. If it has been demonstrated to the zoning administrator that a WECS is causing disruptive interference, the operator shall promptly mitigate the disruptive interference, which may include discontinued operation of one or more WECS.

(Ord. 85-39 § 4).

No wind turbine shall be installed until evidence has been given that all affected utility companies have been notified and have indicated that the proposed interconnection is acceptable.

(Ord. 85-39 § 4).

(a) Except as provided in subsection (b) of this section, a commercial WECS may not generate or emit any noise at any time that exceeds a maximum level of sixty-five decibels (dBA), as measured at each line of the exterior project boundary.

(b) A land use permit issued for a commercial WECS may authorize a maximum noise level that exceeds the level specified in subsection (a) if the commercial WECS is adjacent to an already-existing or approved commercial WECS and upon a finding that existing legal offsite residences and general plan-designated residential areas will not be adversely affected.

(c) A residential WECS may not generate or emit any noise at any time that exceeds a maximum level of sixty decibels (dBA), as measured at each line of the parcel upon which the residential WECS is installed.

(d) The measurement of commercial or residential WECS noise levels may not be adjusted for, or averaged with, periods of non-operation of the WECS. A site-specific noise study may be required to confirm compliance with the applicable noise standard. If noise generated or emitted by a commercial or residential WECS exceeds the applicable standard, the WECS operator must take measures necessary to comply with the standard, which may include discontinued operation of one or more WECS.

(Ord. No. 2011-04, § VI, 4-5-11; Ord. 85-39 § 4).

Construction of on-site roadways shall be minimized. Temporary access roads utilized for initial installation shall be regraded and revegetated to a natural condition after completion of installation.

(Ord. 85-39 § 4).

The applicant shall provide a minimum of one on-site parking space for each employee, plus one on-site parking space for each vehicle kept in connection with the use. A minimum of four spaces shall be provided.

(Ord. 85-39 § 4).

(a) Each WECS must be of a nonreflective and unobtrusive color.

(b) All buildings and structures related to a WECS must be sited to minimize visual impact to residences within one mile, adjacent roadways, and county scenic routes.

(Ord. No. 2011-04, § VII, 4-5-11; Ord. 85-39 § 4).

(a) Signs warning of high voltage electricity shall be posted on stationary portions of the WECS or its tower and at gated entry points to the project site at a height of five feet above the ground.

(b) No advertising sign or logo shall be placed or painted on any WECS or tower. No more than two identification signs relating to the development shall be located on the project site; signs shall not exceed sixteen square feet in surface area or eight feet in height.

(c) Logos may be displayed on WECS generator housings in an unobtrusive manner.

(Ord. 85-39 § 4).

(a) Parcel size. The minimum size of a parcel on which a residential WECS may be installed is one acre. A residential WECS need not be on the same parcel as the primary residential or agricultural use, but the parcels must be under common ownership.

(b) Height. The maximum tower height for a residential WECS located on a parcel between one and five acres in size is eighty feet. The maximum tower height for a residential WECS located on a parcel five acres in size or larger is one hundred feet.

(c) Hours. A residential WECS may operate during all hours.

(d) Capacity. The rated capacity of a residential WECS may not exceed fifty kilowatts.

(e) Setback. A residential WECS must be must be set back from each property line of the parcel upon which the residential WECS is located a distance equivalent to the machine height of the residential WECS.

(Ord. No. 2011-04, § VIII, 4-5-11)

Article 88-3.8. Site Reclamation

No person shall establish or expand any WECS without (1) first submitting and obtaining approval of a reclamation plan under this article, and (2) posting a security deposit or bond to insure compliance with the approved plan, as set forth in Section 88-3.806.

(Ord. 85-39 § 4).

The reclamation plan shall identify the specific properties it applies to and shall indicate removal of all buildings, structures, WECS, and foundations to three feet below finish grade; road repair costs required by Section 88-3.414; and all regrading and revegetation necessary to return the subject property to the condition existing prior to establishment or expansion of the WECS. Reclamation shall reflect the site-specific character including topography, vegetation, drainage, and any unique environmental features. A materials and labor estimate shall be submitted for the total reclamation costs.

(Ord. 85-39 § 4).

Responsibility. The reclamation plan shall state that the operator, applicant and permittee guarantee and accept responsibility for all reclamation work for a period of two years after completion of reclamation.

(b) Performance Security. A cash deposit or surety bond shall be deposited to insure completion of reclamation work consistent with this article. The amount of security shall be determined by the zoning administrator and shall include all material and labor costs, adjusted for inflation to reflect anticipated total costs at the time of reclamation. Up to eighty percent of the cost of reclamation may be secured by assignment to the county of salvage rights for WECS apparatus.

(Ord. 85-39 § 4).